| Request for an Advisory Opinion on behalf of CSRS, Inc. in connection with a contract with the State of La, Office of Community Development-Disaster Recovery Unit, RFP No. 107140-056. |
|
On November 14, 2017, Pan American Engineers, LLC ("Pan American") entered into a Professional Services Contract with OCD in connection with RFP No. 107140-051. The Contract enables OCD to call on PAE to assist it and its grant recipients in program design, the pre-application process, the application process, project development, bidding and pre-construction, as well as construction and project close out.
On January 24, 2018, Pan American entered into a subcontract with CSRS to assist with grant management services in connection with OCD's Community Development Block Grant ("CDBG") Disaster Recovery Programs related to Hurricanes Katrina, Rita, Gustav, and Ike, the floods of 2016, and future disasters.
On May 3, 2018, Revision 1 to the Pan American subcontract with CSRS required CSRS to provide executive staff augmentation services and such personnel as necessary to provide executive staff services to OCD. Stacy Bonnaffons, an employee of CSRS, was assigned as temporary Chief of Staff for OCD until July 15, 2018, when her service was discontinued and the chief of staff position was abolished through the hiring of a Chief Operations Officer by OCD. Ms. Bonnaffons remains an employee of CSRS as a Program Manager in connection with the disaster recovery programs. All relevant task orders in connection with this subcontract have been submitted for review.
On December 19, 2018, OCD-DRU released RFP No. 10740-056: Watershed Initiative Program Management Support Services. CSRS did not participate in in the drafting of the new RFP, nor did it know of its release before the general public. The RFP was open to the public for more than four weeks and all qualified firms were able to submit a proposal. Stacy Bonnafons did not participate in any aspect of the Watershed Initiative Program while employed as Interim Chief of Staff at OCD.
CSRS asks whether it may serve as the prime contractor to the OCD RFP No. 10740-056: Watershed Initiative Program Management Support Services while also serving as subcontractor to Pan American for RFP No. 107140-051: Disaster Grant Management Services. The work CSRS performed for OCD under its Pan American subcontract will not be the same work it will perform under the Watershed Initiative Program Management Support Services. It also asks as to the propriety of Stacy Bonnafons providing services in connection with RFP No. 10740-056: Watershed Initiative Program Management Support Services.
|
|
La. R.S. 42:1113A(1)(a): No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official.
La. R.S. 42:1102(18)(a)(iii) defines "public employee" as anyone, whether compensated or not, who is engaged in the performance of a governmental function.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has substantial economic interest.
La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
La. R.S. 42:1121B provides: No former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121C provides: No legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|